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made without a miranda warning or made while he's not really competent between times when he's sedated and not sedated. so they may be risking their death penalty, but they may be doing it for a good reason. they may need realtime intelligence, but i don't think that the public safety exception will stand up for allowing them not to have given the miranda warnings. >> fascinating. in fact, i have a lot of questions about that i'm going to get to. and actually i want to bring in another colleague as well right now. steve razor is a former military judge advocate general and knows a thing or two about this military issue. typically, steve, we hear about a 48-hour window and this is a very new area of justice. this has only been in sort of parlay for the last couple of years. we are far outside of that 48 hours by today. but can it be extended in the case of public safety? and exactly when can you establish that a public safety exemption has expired or is no longer of concern? how long can you keep him from getting miranda? >> well, there's no hard and fast rule on that. and that's exactl
to the miranda rule. they've not advised him of his rights. so they can only ask about potential threats to public safety. were there other conspirators, other bombs out there, any reason to believe that public safety is in any way jeopardized. >> pete, one of the persons cited in terms of this idea that there may have been more violent plans on order at the hands of the brothers is this person who was hijacked by the brothers on thursday night. and the driver of a mercedes suv. we know that he's been cooperating with police. is there anything else that we know about his involvement in all of this? >> yeah, the business about new york is very iffy, frankly. i've emailed briefly with this person. he claims that he escaped with they stopped at a gasoline station. but he's also told the police that he was told by these two men, that they were the marathon bombers. but that they were not going to kill him because he was not an american. what he told the police was, that he thought they were speaking arabic. that's probably not the case, they were probably speaking russian or some dialect. an
over dzhokhar is to read him his miranda rights, what are you hear something. >> >> reporter: that is right. he was not red his miranda rights. they used a rarely used public safety, but they should not have invoked that because he no longer threatens an attack to society and he should get an attorney as soon as possible before he is interrogated. >> thank you. >>> federal law enforcements are weighing in on the rights and the status of the accused boston bomber, should he be treated as a criminal or enemy combaton with no rights? >> you have the high value interrogation group. they are skilled. they know how to do this. the miranda right can be read at a later time. >> four lawmakers including congressman pete king of new york believe he should be tkes eug nateed as a poe term enemy combaton. a conviction is likely so he is more interested in intelligence the suspect can offer. >>> thousands of runners at the london marathon paid tribute today to pay tribute to those killed and injured. they observed 30 seconds of silence before the start of each group of racers. many wore
enforcement. we know that doesn't quite work for several reasons. one, there is an exception in the miranda rights. when a suspect is read their rights by the police, we're talking about a miranda warning. there is a provision that allows in case law that allows for law enforcement to wait if they think there is a national security threat or a danger to the public until they've talked to the person and established there isn't a danger to the public or gotten the information they need. then they can read the miranda rights. that's what the fbi has done in this case. that's what they did in the new york time square bomber. that worked quite well. they talk to him for a while before they read him his rights. then they read him his rights. he kept and he provided very valuable information. we know that the traditional civilian court system founded by the founding fathers can work in this situation. >> let me ask you a couple questions. if the russian government was so concerned about tamerlan as to alert our fbi and our government, and warrant an investigation of him, why are we so sure that dz
was read his miranda rights, the 19-year-old charged with one count of using and conspiring to use a weapons of mass destruction of resulting in death. and one count of malicious different stru-- ofproperty, tha maximum penalty of death, federal complain reveals that the tsarnaev brothers were residing in the nation legally, dzhokhar's older brother, tamerlan who was killed friday morning was a lawful permanent resident, one of the two told a carjacking victim thursday night they were the boston marathon bombers, a search of dzhokhar's umass dartmouth dorm room turned up a hat and jacket corne jack y suspect number 2. tsarnaev remains hospitalized at beth israel hospital with gunshot wounds to his head, neck, legs and hands, authorities believe one was sev-inflicted in -- self-inflectioned in a botched suicide attempt. >> canadian authorities announcing in connection with fbi they have broken up a terrorist plot to blow up a passenger train and bridge somewhere between toronto and u.s. border. a ballot they believe had ties to al qaeda overseas. >> the individuals were receiving su
to find out how much he knows. he's not been read his miranda rights. people are familiar with what mie ran da means. when ever the police arrest somebody stla to tell them that they have the riepght to remain silent and anything they say can be used against them in court. that i plies when there's an immediate threat to the public safety or the offers doing t interrogation. you pointed out there's suspicions and maybe accomplices. we don't know if there were other devices. certainly the fi by is remieing on a lot of what we know. >> you've cut to the very heart of the first and maybe biggest controversy is whether he should be read his rights or encouraged to speak as freely as possible without an attorney present. that's the other part of the miranda proses. the part that you have the right to an attorney. they don't particularly want him to have an attorney right now. >> mie ran y rairanda was invok protect rights. it can impede an investigation but it's to provide personalization and due process. the supreme court was careful in 1984 to charve out this exception to that says if ther
's miranda rights. they said he could still pose a threat either because there are more bombs planted out there or he's connected to a larger terrorist cell. either way it has some lawmakers concerned. as investigators continue to interrogate their suspect some lawmakers argue he should be treated as an enemy combatant and denied an attorney for the time being. >> we should be allowed her intelligence-gathering purposes. >> investigators say they're still uncertain whether zocor and his brother tamerlan who died in a shoot-out on friday with police have any ties to fore te union issued a statement saying we must not waver from our tried and true justice system even in the most difficult of times. denial of rights is un-american and will only make it harder to obtain fair convictions. some liberal lawmakers agree and said they would be comfortable with tsarnaev being designated as an enemy combatant. >> i don't believe. it would beunconstitutional to >> it carries its own risk especially if that suspect is an american citizen. it could be challenged in court and that
is remote. >> right. you know, judge, a lot of people h ve been talking about miranda, the public safety exception. i don't want to spend a lot of time on that. but, you know, when the police announced that the public threat was over, once dzhokhar was taken into custody, doesn't that suggest that the public safety exception doesn't kick in, or has been solidified? >> the public safety exception is in no way applicable in this case. that was for a situation where there was a gun in a public place and the police needed to know where it was. they asked the guy they just caught where's the gun before where was the gun? >>> they asked where is the gun. >> be that as it may you have a public defender in boston who is chomping at the bit to appoint a federal judge to defend the suspect. you could reassign a public defender is he or sheable to come in and say i don't want you talking to my client? >> he or she can say that. it's not going to stop this trying to do is to collect intelligence. i'm sure that if that's what they're trying to do, they will simply continue to do it, and gather only
, should dzhokhar tsarnaev be treated as a criminal, or treated under the miranda rule and read his rights and given a lawyer or treated as enmyth combatant with no such protections? >> i believe strongly the former. that is the only legal way to proceed. i do not believe under the military commission law that she is eligible for that. it would be unconstitutional to do that. one of the great things in america we come together at times of trial. i very much regret the fact that there are those that want to precipitate debate whether he's enemy combatant or whether he is a terrorist, murder, et cetera. federal law, we have had 435 terrorist convictions. under federal law. we had 100-plus arrests. maybe half a dozen under the military commission. this is clear to me that the course that can be taken, the high value interrogation group. they are skilled and they know how to do this. the miranda right can be read at a later time. he has reportedly been shot through the throat, he is incubated and he can't talk now. therdo the investigation, to make a clear assessment and move from there. so i
, survived. he's an american citizen. natural i naturalized 9/11 of last year. should he be given miranda rights? should he be treated as an enemy combatant? that debate has started. give me the facts, first, what they'll do. >> this administration has made a policy decision here. first, that's number one. secondly, he cannot be tried as an enemy combatant in a military tribunal because that law was changed by the national defense authorization act of 2012 that says you can't do that to an american citizen. what some advocates, republicans, are saying such as lindsey graham are -- we understand, they say, we understand he's going to be tried in civilian court but start the questioning -- treat him as an enemy combatant under the law of war. question him by intelligence people. get all the intel you can. then turn him over to the civ civilian authorities. that's what they advocate. that's not going to happen, the administration has decided. he'll be questioned first by this special group set up in the last couple of years in terror cases called the high value detainee interrogation group,
of public safety exception before you give him his miranda rights, all that talk of naming him as an enemy combatant, all of that is moot right now. they've gone forward with the official proceedings. >> well, they may have used the public safety exception, and apparently they were using it to question him, and he responded in some way given his medical condition. but certainly now that he has a lawyer, that period, however long it was, is over. and you're right, the enemy combatant thing was a nonstarter from the never going to happen. this is a criminal case in federal court in massachusetts, and that's where it will stay until it's resolved one way or another. >> it's going to take a while. thanks very much, jeffrey. much more on what's going on in this boston investigation coming up here in "the situation room" 0. >>> also, another terror plot released today, new information. canadian authorities announcing the arrest of two men believed to be part of a terror plot to attack a passenger train that may have been heading towards the united states, the plot said to have an alleged connect
ginnis in boston. thank you, susan. >>> for now federal officials have decided not to read tsarnaev his miranda rights. miranda rights inform criminals of their right to remain silent and their right to an attorney. this is allowed on a limited basis when the public may be in immediate danger, and there are those like senator lindsey graham who say tsarnaev should be consideredn enemy combatant so he can waive his right. others disagree. >> there's plenty of evidence. they don't need it to get him into a trial. i don't think we have to cross the line and say he's an enemy combatant which could be challenged in court. one circuit rules one way, one rules the other way. >> we should reserve the right to look at him as an enemy combatant and continue to look for evidence and if we find evidence and go to him as chuck says and gather intelligence. >> now the suspect's mother says tamer lan was contacted by fbi. the fbi says that is not true but the fbi did interview him in 2011 at the request of the russian government. officials are focusing on a trip he made to russia in 2012. sky news's katie sta
to give him a miranda warning. >> which deals with public security threat. do investigators have a good handle, pete, on how big an arsenal they had? >> you know, we have heard conflicting things about this. we know they had a lot of finished bombs because they threw a lot of them out of the car as the police were chasing them thursday night, friday morning. they were throwing these little homemade hand grenades they had out and another pressure cooker device although it wasn't a fully finished one because we heard accounts that they lit it, which is different than the one set off on the two at the boston marathon. so they had seven, eight explosives. how many guns they had is unclear at this point. >> apparently they were using at least one or two of them in that friday night shootout. we're getting new details about how all of that went down. is it right that tamerlan got out of the car. he apparently approached police with a gun. they take him down but then he was still alive and his brother ran him over? >> that's correct. may have dragged him for a short time as well. >> presumably
-called public safety exception to the miranda rule where for some period of time, it's not entirely clear how long, a suspect can be questioned without miranda warnings and that apparently is what's happening here. again, it's complicated somewhat by the fact that we didn't know exactly what tsarnaev's medical condition is and how many questions he can answer. apparently he's answering some questions in writing. so i don't really see lindsey graham's proposal as all that differentwhat's going on now. he seems to suggest a longer process of questioning him, but the obama administration has also committed to some period of questioning. now, this all assumes that he's willing to answer questions. can he always samp simply say it answering questions and there is no way either under enemy combatant rules or in the criminal justice system to force someone to answer questions who doesn't want to answer them. >> the argument i guess is under this limited questioning period before he is formally advised of his miranda rights, he has and right to an attorney, doesn't have to answer any questions. there
. they didn't give a miranda warning so the aclu is shouting about that. and of course, well-known southern bell lindsey graham, why isn't he being treated as an enemy combatant? that one to me -- >> what about benghazi? >> shut up. >> stephanie: i'll always have benghazi. it is my terror. no. >> i would never go thirsty again. i'll have another mint julep thank you. >> stephanie: the legal expert i heard this weekend said this is a nonstarter to treat him as enemy combatants. did he a crime on u.s. soil. >> peter king said this. >> i believe -- should be portrayed as enemy combatants. senator mccain, senator graham, senator ayotte, there are so many questions unanswered so many potential links to terrorism here. the battlefield is now in the united states. i believe he is an enemy combatant. ultimately, he will be tried in a civilian court and the statements taken from him cannot be used against him in that trial. right now, the only links we have as much as chechnyan involvement in the islamic movement. are there other conspirators out there? where do they get the radicalization? >> he so
a former federal prosecutor. we now that dzhokhar, suspect number two, has been read his miranda rights. sow won't be designated as an enemy combatant. but if he was labelled an enemy combatant, he wouldn't have been entitled to a lawyer and a jury trial. they could have asked him a lot of other questions without a lawyer present that may or may not be relevant to national security. now why did they make this decision not to go for enemy combatant status? do they think they have so much evidence in this case that they can go ahead with the civilian jury trial and they don't need to hide behind enemy combatant? >> i think that is certainly part of it. it does look like an overwhelming body of evidence. more than that, they thought they could get the immediate information they needed by the miranda exception, the public safety exception so they could make sure the public was safe. there accident seem to be an constitution aal basis to treat someone that commits a crime like this on our soil. the supreme court has upheld treating an american, the american taliban hamdi captured in afghanis
should happen to boston bombing suspect dzhokhar tsarnaev. >> miranda warnings is probably a tem pet pest in a teapot here. the 2013 lexus gs. this is the pursuit of perfection. it's easy to follow the progress you're making toward all your financial goals. a quick glance, and you can see if you're on track. when the conversation turns to knowing where you stand, turn to us. wells fargo advisors. where you stand, turn to us. ♪ beep beep what?a score alert ♪if you set your phone to vibrate ♪ ♪ then it might alert your button flies all the ♪ ♪ girls and the guys wanna keep that credit score ♪ ♪ high like a private jet free-credit-score-dot-com ♪ ♪ don't forget! narrator: offer applies with enrollment in freecreditscore.com [ female announcer ] from meeting customer needs... to meeting patient needs... ♪ wireless is limitless. ♪ from finding the best way... ♪ to finding the best catch... ♪ wireless is limitless. ♪ hwelcome back.. nice to see you again! hey! i almost didn't recognize you without the suit. well, this is my weekend suit. weekend getaways just got b
yet to be charged in connection with the attack or been notified of his miranda rights, however, this morning officials tell nbc news he's awake and using pen and paper to answer questions from investigators. all of this as the fbi says it has obtained surveillance footage showing tsarnaev putting down his backpack near the finish line just minutes before the explosion. massachusetts governor deval patrick says he's been briefed on the footage. >> the suspect took the backpack off, put it down, did not react when the first explosion went off and then moved away from the backpack in time for the second explosion, so pretty clear about his involvement and pretty chilling, frankly. >> all right, so while we wait on that video, i want you to look at these new infrared images released showing the final intense moments of the manhunt. stun grenades just exploded as police moved in to capture the 19-year-old, and it capped a nearly four-day search for dzhokhar and his older brother, tamerlan, and while the nation was reeling, we are getting word this morning that the brothers actually
are told he had not been given his miranda rights. do you have any sense of whether he has this morning or how soon it will be before he does receive them? >> the -- the decision not to read miranda rights was made by the federal officials. this is a unique clause to the terrorism law that we've not dealt with at the local level before. so, we are standing by and watching that at this point in time to see how that develops. but, the lawyers are involved in the decision, and certainly we're very anxious to talk to him, and the investigators will be doing that as soon as possible. >> commissioner over the weekend i heard you say you believe you found evidence your offices did you believe that these brothers were planning some kind of another attack, or at least prepared for it. tell us about that. >> the two suspects were armed with handguns at the scene of the shoot-out. and there were multiple explosive devices, including a large one that was similar to the pressure cooker device that was found on boylston street. i saw that with my own eyes. i believe that the only reason that someone
without being given his miranda rights as a matter of public tors are looking overseas for answers specifically want to know more about the older tsarnaev, the brother, who recently went to russia and how that might have changed him. abc reporter is in dagestan where the family has roots. >> reporter: last year, tamerlan tsarnaev traveled here to his old home in a region home to an islamist uprising. investigators want to learn if it was during that trip he became radicalized. family who saw him then, told us they saw no signs of extremism. there was no feeling that he could be, his aunt said, it's not possible. she showed us photos of the suspects as young boys. they were very kind boys, she says. tamerlan came here to renew his passport. the aunt says he stayed to train as a boxer. she said he prayed at the mosque on fridays but denied they fought over religion. we would debate with him. but not fighting. tamerlan spent six months and visited chechnya three times to visit family and also choosing to fly home from the chechen capital. younger brother, dzhokhar was expected to visi
now has closed that limited scope that they were able to focus on before reading him his miranda rights? >> not necessarily. that could go independently. i guess now that they've had this initial appearance, i suppose that's a fair assumption. it isn't automatic but that's probably right. >> what about michael isikoff, our colleague is reporting that i.c.e. homeland security has focused on new bedford, massachusetts and two individuals were taken in for immigration violations and they apparently are friends of tamerlan tsarnaev. can you tell me any more about that? >> these are people, i presume he is talking about people detained in new bedford, massachusetts on friday evening. the fbi has been trying to investigate whether they had any knowledge of this. whether they had any role in it. they seem to have concluded that they don't. but they're being held for now on immigration charges pending further investigation. >> and before i let you go, i know you have more to cover. 2009, this police report of tamerlan tsarnaev being arrested on domestic violence allegations. that has bee
. just to confirm, this -- dzhokhar tsarnaev has not yet been read his miranda rights, correct? >> i have to say i don't know. because there was an initial appearance today, that's why this complaint is out. the circuit executive, the administrator of this area, has put out a statement saying there was an initial appearance before a magistrate judge. that is as far as i understand it an arraignment. i have never heard of an arraignment without an attorney present. they didn't mention an attorney present. if an attorney is present, the attorney will simply say to the client, you -- don't answer questions. at that point, the attorney is the person the prosecutor is supposed to deal with. i have to say, there is information out there that we don't have. whether an attorney was present, whether this was an actual arraignment, i think we just need to hold off on that until we get more information. >> we're holding off. still so early this all happened. >> before we let deb feyerick go and chase down that lead she was referring to, deb, i was wondering, is there anything else that stands out in
Search Results 0 to 23 of about 24 (some duplicates have been removed)